The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-16
THE RAILWAY COMMISSION.
Important Decision by the Board-The En-
tire Law To BE Enforced.

clause of the law over the different roads
throughout the country that had applied and
had obtained temporary relief was made public
tonight The order for temporary relief made
in favor of the Louisville & Nashville road will
be allowed to remain in force until the day
originally limited for suspension OF the other
applications for relief, coming from transconti-
mental lines, from the Southern, Southwestern,
Northern and Eastern lines, sixty-hve in all. it
is decided that the temporary orders which
have been made in some of these petitions
will, in like manner be permitted to
remain in force until the expiration Of the
time originally limited in each. No fur
Their order, the Commission says. will be
made upon any of the petitions. for although
some two or three of the cases may not, by the
facts recited in the applications for relief. be
brought strictly within the principles discussed
in the decision, yet they all present what are
claimed to be different circumstances and condi-
tions adequate to authorize exceptions to the
general rule; and if the petitioners are persuaded
that the fact is as they represent, they should
act under the statute accordingly. The commits
sion devote considerable space to a discussion Of
the proper construction of the longand- short
slause of the act and the duty OF the commits
sion in affordine relief to petitioners by suspend
Ing this provision Of the law. and sum up their
conclusion in the following language:
I'VE have listened, with an earnest desire TO
reach a Just conclusion. to all the arguments
presented on the construction of the statute by
those appearing either to advocate or to oppose
the applications. and after mature consideration
we are satisfied that the statute does not require
That the commission shall prescribe In every
instance the exceptional case, and grant its order
for relief before the carrier is at liberty, in Its
tariffs, to depart from the general rule The
terms of the statute clearly lead TO the opposite
conclusion: 1t shall be unlawful for any com
mon-carrier subject to the provisions OF this act
10 charge or receive any greater compensation in
khe aggregate for the transportation OF passen-
gers of the like kind of property:
under substantially similar circumstances and
conditions, for shorter than for a
longer distance over the same line in the same
direction, the shorter being included in the
longer distance Here have clearly stated
what is unlawful and forbidden; and for doing
the unlawful and forbidden act penalties are then
provided. But that which the act does not de-
clare unlawful must remain lawful If it was so
before and that which fails to bid the carrier
left at liberty to do without permission of any
one. The charging or receiving the greater com,
pensaton for the shorter than for the longer haul
Ia seen to be forbidden only when both are I'M
der substantially similar circumstances and con-
ditons: and, therefore, il in any case the carrier
without first obtaining order of relief, shall
depart from the general rule, its doing so Will
not alone convict it Of ilegality, since, II
The circumstances aud conditions OF the
two hauls are dssimilar, the statute is
not violated. Should interested party dis
pute that the action of the carrier was warrant
3D. an issue would be presented for adjudication,
and the risks of that adjudication the carrier
would necessarily assume. The latter clause IN
the same section. which empowers the commits
sion to make orders for relief in its discretion,
does not, in doing so, restrict lt TO nnolng OF
circumstances and conditions strictly dissimi-
lar, but seems intended to give discretionary
authority for cases that could not well be 1ndi-
Gated in advance by general designation, while
the cases which, upon their facts. should be
acted upon clearly exceptional, would be LETT
for adjudication when the action of the carrier
was challenged. The statute becomes on this
construction. practical. and this section may be
enforced without serious embarrassment
A long discussion Of What is a case of dis
similar circumstances and conditions within the
meaning Of the law2" and which. the commission
say must in general be a mixed question of
law and fact upon which differences of opinion
would be expected to arise, is introduced with
this observation:
at is rnanifsstly important to the public in
terest, as we'll as TO that of the railroads them
selves that mistakes shall. far as possible, be
avoided. 1t is also important that the general
rule laid down by the statute be strictly com
piled with whenever compliance appears to be
fairly practicable, and that carriers direct their
attention more to the feasibility of coming into
conformity with it than TO the possibility OF
finding reasons upon which to ground excep-
tons"
The general views embodied in the discussion
TAR as we deem at this time necessary. the
bounds within which the railroad managers
must limit their action in making charges which
are greater in the aggregate for the transporta
ton OF passengers. or of the like kind of proper
~ for a shorter than for longer distance over
the same line, in the same direction, the shorter
responsibility to the law, and to the restraining
power of the commission, in case the bounds are
exceeded il may confidently be expected that all
carriers will bring themselves into conformity
with the general law far il may be found
reasonably practicable, and that the occasions
for special interference will not be numerous
Our observation and investigation so far made
leads to the conclusion that strict conformity to
the general role is possible in large sections of
Tho country without material injury TO either
public private interests. and that In other
Iectiops the exceptions can be- and ought to be-
made much less numerous than they have been
hitherto, and that when exceptions are admitted
he charges should be less dsproportionate
Very many of the roads, we are informed
nave arranged their tariffs as to make no
exception whatever; and where that has been
proved to be reasonably possible return to the
former custom cannot be tolerated. In any case
In which n company fails to bring its tariffs
into conformity with the general rule. il parties
whose interests are thereby unfavorably af
feeted complain, 1t must be prepared TO justify
It's action by a showing of circumstances and
conditions which render it just and reasonable.
The points intended to be decided at this time.
the commission and are stated follows
First-That the prohibition in the fourth sec
lion against n greater charge for shorter than
FOR a Ion ger distance over the same line in the
same direction, the shorter being included with
IN the longer distance. as qualified therein, is
limited to cases In which the circumstances and
conditions are substantially similar.
Second-That the phrase, under substantial
ly similar circumstances and conditions, in tho
fourth section, is used in the same sense as In
the second section, and under the qualified form
Of the prohibition In the fourth section carriers
are required to judge. in the first instance. with
regard to the similarity or dssimilarity OF the
and conditions that forbid or per-
nit greater charge for shorter distance
Third-That the judgment of carriers IN re-
,pect TO the circumstances and conditions is not
ual. but is subject to the authority OF the com
mission and of the courts. to decide whether
error has been committed or whether the statute
has been violated; and in of complaint for
violating the fourth section of the the bur |
len of proof is on the carrier to justify any de-
,arture from the general rule prescribed by the |
,tatute, by showing that the circumstances and |